Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 48CC NI ACT/1198/2024
JAWAHAR SINGH Vs. KAVINDRA SINGH
(Bhajan Pura)
19.12.2024
(VC Proceedings through CISCO Webex)
Present: Complainant with counsel Sh. Jitender Kumar Khullar.
Proposed accused with counsel Sh. Ranvijay Kumar and proxy counsel Sh.
Manish Sharma and Sh. Manish Kumar.
Matter is at the stage of consideration.
Fresh vakalatnama filed on behalf of the proposed accused. Same be taken on
record.
Proposed accused submits that he has received dasti court notice.
An opportunity was granted to the proposed accused under proviso under
Section 223 BNSS to which proposed accused has deposed that he does not want to say
anything at this stage.
Copy of complaint and annexed documents supplied to accused.
Arguments on behalf of the complainant heard on point of cognizance as well as
summoning.
Present complaint is filed alleging that accused had issued the cheque(s)
bearing No. 139182 of Indusind Bank, Omega Branch, Gautam Budh Nagar, UP to the
complainant to discharge his/ her legal liability which got dishonored. Thereafter, complainant
sent a legal demand notice and despite service of the same, accused failed to make the payment
and thereby complainant prays to take cognizance U/Sec.142 of Negotiable Instruments Act,
1881 for the offence punishable U/Sec. 138 of Negotiable Instruments Act, 1881.
After considering the present complaint, attached documents and the evidence
of complainant by way of affidavit which is considered qua the requirement of section 202 of
Cr.PC, I am of the view that Prima facie case is made out for the offence U/Sec. 138 of NI
Act,1881, therefore, I take the cognizance in the present case for the offence punishable U/Sec.
138 of NI Act,1881.This court is of further opinion that prima facie there is sufficient material
to proceed against the accused KAVINDRA SINGH.
As the accused has put in appearance, therefore dasti summons are dispensed
with.
Accused is admitted to bail on furnishing bail bonds of Rs.50,000/- with one
surety in the like amount. Bail bonds furnished. Considered and accepted.
Accused is directed to remain present in person on NDOH.
Matter be put up for framing of notice on 09.04.2025
(RAVISHA SIDANA)
JMFC/NI Act/Digital Court;
North-East/KKD/19.12.2024
Due to some technical error, the ordersheets and their concerned judicial proceedings could not be
signed on 19.12.2024. Hence the same were signed on 20.12.2024.
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